Elements and Performance Criteria

RANGE STATEMENT
The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.
Codes of conduct may include:
compliance with reasonable direction
conflict of interest
duty of care
ethical behaviours
maintaining confidentiality
non-discriminatory practice
privacy
receiving and dispersing monies
use of company property.
Relevant legislation may include:
State/Territory/Commonwealth legislation
legislation related to the client and a firm (eg. Consumer Credit Code, Privacy Act, secrecy laws, Codes of Practice)
schedule of fees and duties payable
other acts not included in this listing
Conflict of interest may exist where:
a law firm, legal practitioner or support person some time in the past represented a client who is now on the other side in another case
a legal practitioner and client are in business together
a legal practitioner or support person has a personal, financial or other interest in a case
a legal practitioner or support person is a witness in a case
a legal practitioner simultaneously represents two clients whose interests are adverse to one another
the legal stance of one client is detrimental to the business activities of another client.
Non-disclosable information may include:
addresses of clients, witnesses or staff
details about the firm itself
exhibits
fact that the client has consulted the firm
financial information
firm's client database
information relating to a client's legal matter
names of clients, witnesses or staff
nature of client's legal matter
passwords or security procedures
telephone numbers of clients, witnesses or staff
trust account information
whereabouts of client/witnesses
witness statements.
Electronically stored information may be:
on audio-cassette
on computer hard-drive or floppy disk
on voice mail
on-line (email or web).
A firm's policies and procedures may include:
charging of search expenses
contingencies in terms of inadequate monies, unavailable information
handling monies
information sources
office procedure manual
recording information
security/confidentiality/ privacy procedures.

EVIDENCE GUIDE
The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the following is essential:
knowledge of own scope of responsibility and roles and responsibilities of relevant others within the firm
proactively applying the relevant state's Code of Conduct and Legal Practice Act, The Judicial Act to ensure all work is performed with honesty and integrity
identifying and applying standard resolutions to breaches of confidentiality, security and conduct by self and others within the firm.
providing clear, relevant and correct assistance and advice to co-workers where appropriate
handling, storing and securing allelectronic and paper-based confidential information according to firm's policies and procedures
consistently seeking clarification from appropriate sources where the level of confidentiality required in a situation is unclear.
Context of and specific resources for assessment
Assessment must ensure:
wherever possible the context is a real or simulated workplace
access to workplace manuals and reference materials such as company policy, procedural manuals and checklists
access to list of relevant sources of documentation and sample forms
access to background information on courts, their jurisdiction and behavioural requirements
access to appropriate technology such as computers with relevant software
access to appropriate texts and access to person's with expert knowledge such as legal practitioners
access to appropriate legislation and regulations relevant to common legal matters, such as that accessible via:
http://www.law.gov.au
http://www.ag.gov.au
http://www.austlii.edu.au/
http://www.australia.gov.au/states-territories
http://www.act.gov.au
http://www.nsw.gov.au
http://www.nt.gov.au
http://www.qld.gov.au
http://www.sa.gov.au
http://www.tas.gov.au
http://www.vic.gov.au
http://www.wa.gov.au
Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:
analysis of responses to case studies and scenarios
demonstration of techniques in a workplace or simulated environment
direct questioning combined with review of portfolios of evidence and third party workplace reports of on-the-job performance by the candidate
observation of presentations
questioning (oral or written)
review of testimony from team members, colleagues, supervisors or managers
tests of knowledge on relevant legislation, rules, regulations, codes of practice and research resources.
Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:
BSBLEG301A Apply knowledge of the legal system to complete tasks
other legal services administration or general administration units.